As I explain elsewhere on this blog, almost all claims under the USCIS Form I-864, Affidavit of Support result in settlement. To get an idea of how long that process takes, read this post. Having settled many of these claims,…
Non-citizens needing to enforce the USCIS Form I-864, Affidavit of Support are usually in serious need of help. To have a claim under the Affidavit, their income needs to be below 125 percent of the poverty line. That's about $1,400…
The Eleventh Circuit has held that the common law defenses of unclean hands, anticipatory breach, and equitable estoppel are unavailable to a sponsor who has signed a USCIS Form I-864, Affidavit of Support. Blevich v. Thomas, 17 F.4th 1048 (11th…
A version of this article first appeared in the Side Bar journal for the Litigation Section of the Federal Bar Association (Spring 2021). If you are like most federal litigators – this author included – you would never enter divorce…
A sponsor's obligation under the Form I-864 lasts indefinitely. It terminates only upon one of five Terminating Events, including when the green card holder has 40 quarters of work or becomes a U.S. citizen. It *does not* terminate automatically after ten years, even though lawyers mistakenly
No, federal courts have squarely held that a pre- or post-nuptial agreement cannot waive rights under the Form I-864. Even if a sponsored immigrant has signed a document saying that she forfeits all rights under the I-864, that agreement is…
This post contains the material for today's talk given to the family law section of the Texas State Bar Association. Thanks to the renowned Kate Lincoln-Goldfinch, for co-presenting with me. Our talk addressed legal enforcement of the Form I-864, Affidavit…
Family law attorneys need to understand that certain immigrants are entitled to financial support far in excess of what would be prescribed by state family law. Under the Form I-864, Affidavit of Support, sponsored immigrants are entitled to indefinite financial…
Certain green card holders are legally entitled to receive financial support from their immigration sponsors. Exactly who qualifies for support? 1 - Did you get your green card through a spouse or family member? The Affidavit of Support is required…
A version of this article will appear in Bender's Immigration Bulletin. © Greg McLawsen (2020). Download article in .pdf format (free)Download On October 2, 2020, the Department of Homeland Security (DHS) proposed significant revisions to its regulations governing the Affidavit…